The adjustment of municipal autonomy in the state of autonomies. A pending problem in the process of rebuilding State institutions

Abstract

SUMMARY: I. THE DISTRIBUTION OF POWER DETENTED BY THE PREVIOUS UNITARY-CENTRALIZED STATE UNDER THE TENSION CENTRAL SUBJECT-AUTONOMOUS TERRITORIAL SUBJECTS. - II. THE CONSTITUTIONAL TREATMENT OF MUNICIPAL AUTONOMY: 1. THE AMBIGUOUS PRONOUNCEMENT OF ARTICLE 137 AND THE SIGNIFICANT RECOGNITION OF A “GOVERNMENT” AND A LOCAL “ADMINISTRATION” IN ARTICLE 140. THE MISTAKABLE ASSESSMENT OF MUNICIPAL AUTONOMY. 2. THE DETERMINATION OF THE CONTENT OF THE MUNICIPAL AUTONOMY. A CONSTITUTIONAL PROBLEM DEFERRED TO THE ORDINARY LEGISLATOR. THE DOCTRINE ESTABLISHED IN THE JUDGMENTS OF THE CONSTITUTIONAL COURT OF FEBRUARY 2 AND JULY 28, 1981. - III. THE MUNICIPAL AUTONOMY AND THE AUTHENTIC SENSE OF THE “EXCLUSIVE COMPETENCES” OF THE AUTONOMOUS COMMUNITIES: 1. THE ASSUMPTION OF “EXCLUSIVE COMPETENCES” BY THE AUTONOMOUS COMMUNITIES CANNOT INVOLVE THE TRANSFORMATION OF THE MUNICIPALITIES IN GOVERNMENT DESCONS OF THE PROCESS OF RECONSTRUCTION OF LOCAL LIFE. 2. THE INTERRELATION OF LOCAL AND SUPRALOCAL INTEREST AS A CHARACTERISTIC NOTE OF INDUSTRIAL SOCIETIES. THE REPLACEMENT OF THE GUARDIANS REGIME BY THAT OF THE GUARANTEE OF THE RESPECTIVE COLLECTIVE INTEREST. 3. T HE MEANING OF THE CALLS "EXCLUSIVE COMPETENCES" OF THE AUTONOMOUS COMMUNITIES REGARDING THE MUNICIPALITIES.